ZAKIR MEHMOOD vs SECRETARY, MINISTRY OF DEFENCE (D — 2023 PLC(CS) 1030 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 1030 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: ZAKIR MEHMOOD vs SECRETARY, MINISTRY OF DEFENCE (D
Subject matter: Civil
Provisions referred to: S. 5; Civil Procedure Code (V of 1908); Litigation Act (XVII of 2017); Service Tribunals Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---Civil Procedure Code (V of 1908), Ss. 12(2), 35B, 141, 151 & O. XLI, R. 35(3)---Costs of Litigation Act (XVII of 2017), Preamble---Appeal/application filed before the Federal Service Tribunal---'Special costs'---No upper limit---While deciding an appeal under the Service Tribunals Act, 1973 or an application under section 12(2) of the C.P.C., the Federal Service Tribunal ("Tribunal") has the powers to impose special costs, without any upper limit of amount, on a party to that appeal or application as the case may be, keeping in view the peculiar facts and circumstances of a particular case---Determining the appropriate amount of special costs has been left to the discretion of the court concerned---Tribunal is to exercise this discretion, like all other discretions, on the principles of fairness, equity and justice, not arbitrarily or perversely, while keeping in view the peculiar facts and circumstances of a particular case.

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